scholarly journals The role of intellectual property in security defense capacity of the state.

Author(s):  
Oleksandr Zaikivskyi ◽  
Oleksandr Onistrat

Keywords: defense capability, intellectual property, regulatory support The conceptual issues of the legislation of Ukraine,which determine the state policy in the field of national security and defence, regardingthe settlement of issues related to ensuring the state defence capabilities are considered.The scientific publications on actual questions in this sphere concerningproblems and prospects of increase of defence capability of Ukraine are analysed.The role of intellectual property in all components of Ukraine's defence system hasbeen studied, and it has been noted that unresolved problems in the field of intellectualproperty management pose an increasing threat to Ukraine's national security.The importance of ensuring the protection of intellectual property in the process ofimplementing measures to improve the defence capabilities of the state and the needto improve legislation in this area is defined. Recommendations for improving the regulatory framework for national securityand defence in order to address the problematic issues of intellectual property in thisarea are submitted.State defence capability is the ability of state to defend itself in the event of armedaggression or armed conflict. It consists of material and immaterial elements and is aset of military, economic, social and moral and political potential in the field of defenceand appropriate conditions for its implementation.Resolving the issues of reforming not only the Armed Forces of Ukraine, but firstthe entire state, modernization and rearmament of the Ukrainian army has become avital necessity. Only the solution of this issue will allow to raise the defence capabilityof our state to the proper level for the preservation of independent Ukraine.Ensuring the military security of Ukraine largely depends on equipping the ArmedForces of Ukraine with modern types and models of weapons and military equipment,developed on the basis of intellectual property rights.It is the military-technical sphere where the objects of intellectual property rightsbelonging to the sphere of national security and defence are created, and the state isobliged to ensure their protection. This will increase the competitiveness of the domesticdefence industry and make claims impossible for anyone in the mass productionof weapons and military equipment for their own needs and for exports, which directlyaffects defence capabilities.And this requires proper protection of intellectual property rights both in theprocess of own production of weapons and military equipment, as well as in militarytechnicalcooperation.

2018 ◽  
Vol 32 (32) ◽  
pp. 239-255
Author(s):  
Mukola Turkot

Тhe purpose of this article is to show the state of the functioning of law enforcement agencies in Ukraine, which are fighting against military crime. In addition, the algorithm for the activities of the military prosecutor’s office is shown after changes are made to the legislation. It was noted that the national security of Ukraine and its military security are protected by the Armed Forces of Ukraine and other military formations. In these military formations serve soldiers, officers and generals. The tasks of each military formation are different. Introduction. The article defines the national security of Ukraine, the military security of Ukraine, and how security is created. The same is said about the subjects of ensuring the security of the state. The same is said about the subjects of ensuring the security of the state. It is separately noted that there is a bill on the State Bureau of Military Justice. This military law enforcement agency should implement the functions of pre-trial investigation against servicemen and others. The research methods are used taking into account the topic of the article, the problems that need to be addressed, and the conclusions to be drawn. Such methods were used: formal-logical, hermeneutical, comparative. Thanks to these methods, it was possible to compare the competence of military formations in Ukraine, to determine the necessary legal possibilities for the future law enforcement agency – the State Bureau of Military Justice. The conclusions contain the author’s statement that the time has come to create, in addition to the military prosecutor’s office, yet another law enforcement body whose competence extended to all military formations. This is due to the fact that in Ukraine at the moment there is no shadow of one military formation, whose competence extends to other military formations. The exception is the military prosecutor’s office.


Author(s):  
V. A. Ksenofontov

The article deals with the socio-philosophical aspects of the functioning of the military sphere of national security of the Belarusian state. With the increase of military violence in the world, the task of preserving and developing the state becomes a priority. The military sphere of national security ensures the creation of safe conditions in the military space for the life and development of a person, community and the state itself and is a factor of stable development of the social system. Taking into consideration the historical development the stabilizing effect of the armed forces on the state and society has been described. With the training of the form of prospective war, the tasks of the military organization of the state, the core of which are the armed forces are clearly defined in our country. The positive influence of the armed forces on the development of society is shown. The basis for achieving security goals is military activity, which is a synthetic phenomenon and takes place in all spheres of community life. It is emphasized that the implementation of the military security subsystem task is the living conditions of the entire social system. External attention is drawn to the formulation of the goals of military policy as an essential factor in maintaining socio-political stability. The primary task of the military sphere of the national security of Belarus is to ensure comprehensive and encouraging efficiency at all levels of the social system. The article demonstrates the need to analyze the technologies of warfare, improve analytical and experimental support for the development of the military sphere, which can withstand the challenges and threaten the XXI century. It is concluded that the military sphere of national security and its armed forces is an important factor not only in the strategic deterrence of aggression, but also in the socio-economic development of the community, increasing its vitality and stability.


Author(s):  
Oleksandr Zaikivskyi ◽  
Oleksandr Onistrat

Keywords: defence capability, intellectual property, regulatory and legal support,armament and military equipment, military-technical cooperation The condition of regulatory and legal support of defencecapability of Ukraine and problems concerning protection of intellectual propertyand protection of state interests in this sphere are investigated. The importance ofprotection of intellectual property rights to ensure the enhancement of the state's defencecapabilities is noted.Ensuring Ukraine’s defence capability largely depends on equipping the ArmedForces of Ukraine with modern types and models of armaments and military equipmentdeveloped on the basis of the intellectual property rights.It is the military-technical sphere where the objects of intellectual property rightsbelonging to the sphere of national security and defence are created, and the state isobliged to ensure their protection. This will increase the competitiveness of the domesticdefence industry and make it impossible for anyone in the mass production ofarmaments and military equipment for their own needs and for exports, that directlyaffects defence capabilities.This requires proper protection of intellectual property rights both in the processof own production of weapons and military equipment, and in military-technical cooperation.The legislation of Ukraine on national security and defence determines the need touse scientific and technical achievements and the introduction of new technologies toincrease the state's defence capabilities. However, the issue of intellectual property,which is the basis of these achievements and technologies, is not raised. It is notedonly that the acquisition, security, protection of intellectual property rights to scientificand technical (applied) results are carried out in accordance with the law, and incase of infringement of intellectual property rights is protected in the manner prescribedby administrative, civil and criminal law.Thus, all issues related to the defence and protection of intellectual property rightsmust be resolved within the framework of special legislation on intellectual property.Recommendations for improving the regulatory and legal support of Ukraine's defencecapabilities with a purpose of solution of intellectual property issues in this areaand compliance with national interests and security of the state on intellectual propertyrights in the development of armaments and military equipment, as well as internationalmilitary-technical cooperation were submitted.


Author(s):  
Oren Barak

Since Lebanon’s independence in the mid-1940s, its military—the Lebanese Armed Forces (LAF)—has played a pivotal role in the country’s politics. The political role of the LAF in Lebanon might seem surprising since the Lebanese state did not militarize, and its political leaders have continuously managed to keep their military relatively weak and small. Indeed, in this respect Lebanon has been markedly different from its close neighbors (Syria and Israel), but also from several other Middle Eastern states (especially Egypt and Iraq), where the military, which was large and powerful, was continuously involved in politics. Additionally, both Lebanon and the LAF have persistently striven to distance themselves from regional conflicts since 1949, particularly in relation to the Palestinian issue, albeit not always successfully. Still, and despite these ostensibly unfavorable factors for the military’s involvement in politics in Lebanon, the LAF has played an important political role in the state since its independence. This role, which has been marked by elements of continuity and change over the years, included mediation and arbitration between rival political factions (in 1945–1958, 2008, 2011, and 2019); attempts to dominate the political system (in 1958–1970 and 1988–1990); intervention in the Lebanese civil war (in 1975–1976 and 1982–1984); attempts to regain its balancing role in politics (in 1979–1982 and 1984–1988); and facilitating the state’s postwar reconstruction (since 1991). The political role of the military in Lebanon can be explained by several factors. First, the weakness of Lebanon’s political system and its inability to resolve crises between its members. Second, Lebanon’s divided society and its members’ general distrust towards its civilian politicians. Third, the basic characteristics of Lebanon’s military, which, in most periods, enjoyed broad public support that cuts across the lines of community, region, and family, and found appeal among domestic and external audiences, which, in their turn, acquiesced to its political role in the state.


Author(s):  
Y. Lutsenko

The article provides a scientific analysis of the problems that exist in the sphere of national security of Ukraine. The problems in the sphere of state security of Ukraine are investigated, the concept and content of military security of Ukraine are considered in the light of modern challenges and threats. Attention is drawn to the fact that in the presence of military security, many tasks can be solved to ensure national security and create the necessary conditions for the stable development of political, economic, social, environmental, spiritual, intellectual, demographic fundamentals of society's life. The work emphasizes that military security can not be achieved only through the organization of state defense, and is a complex category, which is closely connected with many spheres of social relations and life of the state. It is noted that military security is the foundation of national security, the basis of the country's independence. In connection with this, the military security of Ukraine as one of the priority (basic) types of national security of the state can not be considered separately from the development of political, economic, social processes both on the European continent and around the world, and some features of the geopolitical situation In many cases, the directions and tasks of Ukraine's foreign policy are determined near its borders.


Author(s):  
S. R. Tsyrendorzhjyev

The notion of "military danger, military threats, military and non-military measures to Parry, and other definitions from the policy of the State to ensure the military security of the now widely used in journalism, conceptual, other documents and research. The attentive reader it is not difficult to notice the ambiguity in the interpretation of these concepts. This makes it difficult to not only the perception of the relevant topics for ensuring military security publications, but also the development of the theory and practice of ensuring the defence and security of the State. The author's view on the essence of the reasoning logic of non-military measures to counter military threats, as the ultimate goal of the article is the following.First the task of analyzing the concept of "national security", "object of national security" and understand the functions of the State, society and the individual to ensure national security. Decomposition of an object of national security, which is "national property" (the content of the concepts described in the article) has made it possible to substantiate the basis for classification of national security threats and with better understanding of the nature, variety, Genesis. This provided a rationale for the role and the place of the tasks ensuring military security in the common task of ensuring national security, the correlation of military and non-military threats.The final phase of the research, the results of which are set out in the article is devoted to analysis of military threats, which made it possible to identify their main structural elements: source, media, military-political and strategic nature, install the main factors defining the content of these elements and their interaction. Based on these results, the proposed definition of the essence of non-military measures for counteracting of military threats, as well as guidelines for developing these measures.


Author(s):  
GREGOR POTOČNIK

Povzetek Grožnje nacionalni varnosti se preoblikujejo zelo hitro. Prebivalci države pričakujejo, da se bo nacionalnovarnostni sistem učinkovito in uspešno odzval na te grožnje. Izvedbeno se lahko nacionalnovarnostni sistem države odzove samo tako, da v sistem zagotavljanja nacionalne varnosti vključi vse svoje vire v upanju sinergičnih učinkov. Uporaba oboroženih sil za zagotavljanje notranje varnosti je bila izredna naloga oboroženih sil. Obramba oziroma obrambna sposobnost vojske, ki se izvaja v notranjosti države za notranjo stabilnost in varnost države ob zakonskih in primarno konceptualno določenih nalogah vojske in policije, predstavlja zakonodajni in operacionalizacijski izziv države. Ključne besede Slovenska vojska, Policija, izredna pooblastila vojske, operacionalizacija. Abstract Nowadays, threats to national security are transforming extremely rapidly. The people of a country expect the national security system to respond effectively and successfully to these threats. Implementation-wise, a country's national security system can only respond by including all its resources in the national security system hoping to achieve synergistic effects. The use of the armed forces to ensure internal security was an extraordinary task of the armed forces. The defence and the defence capacity of the military, which are in addition to the legal and primarily conceptually determined tasks of the military and the police aimed at ensuring internal stability and national security in the interior of the country, represent a legislative and operational challenge of the state. Key words Slovenian Armed Forces, Police, extraordinary powers of the army, operationalization.


2019 ◽  
Vol 3 (1) ◽  
pp. 25-33
Author(s):  
Vadym Pakholchuk

Introduction. Military conflicts cause a lot of destructive influences not only on the political situation in the country but of course on its the financial system. That’s why in this article, the main emphasis of the research was done on risk-ratio analysis of the Ukraine and Israel economies since the role of military budget expenditures in the whole financial system is growing. Military finance is one of the biggest components of the financial system of Ukraine. So, according to the nowadays situation and military conflict in Ukraine appears the necessity of searching for new ways to increase this kind of expenditures efficiently.  Aim and tasks. The problem of the research was to measure risks of the economies according to the GDP trends and to find the place of the military expenditures in all government expenditures. Results. In the research results, it should be mentioned that the most difficult approach for comparing is the international currency, which is weighed against the depreciation of cash flows in time. However, the research used the current exchange rate for convenience. But, this does not have a significant effect on the interpretation of the results of the research, presented in the form of a CAPM analysis of the economies of countries and their defense expenditures. After all, trends are generally observed over a period of time that has been analyzed. The general state of financial systems in the regions was analyzed as the value of volatility, aggregate risks and the overall growth of the economy. The US GDP, as for an example of the largest economy in the world, served as a comparative basis. It correlates and affects all other financial markets. The obtained results made it possible to draw conclusions about the attractiveness of the state for potential investors, despite armed conflicts with neighbors in the territory and areas of influence on the regions under control. In this paper, a standard statistical analysis package was used using an example of linear regression with one variable. The power of the influence of military expenditures was measured by the ratio of variables and their correlations. The obtained results were characterized by a high level of interconnection power and reliability of the hypotheses obtained. This gives an opportunity to describe the role of military conflicts and support the Armed Forces for the state economy. Conclusions. The result of the presented research of the role of support and financing of the Armed Forces as one of the key elements of the stability of the Ukrainian economy and ensuring its sustainable growth is the sustaining of the military expenditures for Ukraine. The presented conclusion was approved on the Israel example and calculations. This approach and methodology is universal and can be used for other researches.


2021 ◽  
pp. 54-63
Author(s):  
Artak Harutyunyan

This article deals with the military security potential of the state, its components, which, as you know, are not of constant value. They are changed depending on the stage of the development of a society, its potential, the nature of the existing regime, the maturity of the ruling political elite, and many other conditions. The aim of this study is to carry out a philosophical-political analysis of the military security of the state and its systems. In accordance with the aim of the study the following objectives are set: - to define the essence of the concept of «military security of the state» as one of the specific types of national security; - to consider the essence and content military security potential of the state; - to characterize the relationship between the essence of the terms «national» and «military» potential. Military security presents an integral interconnection of economic, social, political, scientific-technical, spiritual and just military capabilities, which differ from each other in their quality and internal structure. The allocation of these potentials forming in interaction an integral potential of military security allows directing the process of its development to turn the potential abilities of the state and society into an active factor that meets the requirements for the military security.


Author(s):  
Ayesha Siddiqa

Civil–military relations (CMR) in Sri Lanka are an outgrowth of its military’s primary role of defending the state against domestic insurgencies. Historically devoid of any external threat, the main role of the Sri Lankan Army, which was the only active service at the time of independence of the island state in 1948, was ceremonial. Later, when the Air Force and Navy were also established, the role of the armed forces remained limited to policing. This function grew as a result of multiple insurgencies in the south, and later, north and northeast of the country. The CMR balance is defined by Sri Lanka’s politics. Successive governments have used the armed forces as a policy tool in enforcing a political philosophy that upholds Sri Lanka’s status as a Sinhala-Buddhist state. Over the years, the state was gradually transformed from its secular and semi-European character to predominantly, Sinhala-Buddhist. This resulted in the first coup attempt in 1962 by officers that were fearful of “Sinhalization” of the state, which went against the traditions the military had inherited. While the attempt failed, the political leadership speeded up the process of changing the ethnic balance in the armed forces through increasing Sinhala intake. Other policy changes like introducing Sinhalese as the only state language went against the inherited secular structure of the state. This caused a spike in internal tension that presented itself initially as a class conflict, and later morphed into ethnic contestation between the Sinhala and Tamil populations. The internal ethnic war that was fought from the 1970s onwards solidified both the Sinhala ethnic character of the state and the military. These domestic conflicts have also defined the professionalism of the armed forces. While ensuring that the military remains under control, the civilian leadership invested both in making the armed forces professional and ethnically tilted toward the majority. This contradiction represents Sri Lanka’s politics and CMR balance. Since the 1980s with a rise in Tamil insurgency, successive governments in Colombo appreciated the need to professionalize the military to fight internal wars. More money was spent on honing the defense services’ capabilities. However, this capacity building ensured that the military and its military capacity would serve the political interest of the Sinhala elite and majority population, with little concern for the political rights of the Tamil. In this respect, Colombo’s politics is unrepresentative and its CMR balance makes for a model that can only be explained as positively favoring civilians if viewed only from the theoretician Samuel P. Huntington’s viewpoint as laid out in his book ‘The Soldier and the State’. This makes Sri Lanka’s case similar to those of other regional democracies like India where the majority ethnic group or the ruling elite partner uses the armed forces to enforce its legal and constitutional framework, which does not necessarily favor minority groups, or certain regions. Such a framework means that the CMR balance must be described as representing not a strong and stable democracy, but a weak democratic structure.


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